Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00141-JJF Document 12 Filed 11/01 /2007 Page 1 of 2
AO 472 (Rev. 12/03) Order ofDctcntion Pending Trial

District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
RAHEEM JACKSON, Case Number: 07-141-UNA
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(l) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime ofviolence as denned in 18 USC. § 3156(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term of imprisonment often years or more is prescribed in
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in 18 USC.
§ 3142(f)(l)(A)·(C), or comparable state or local offenses.
Q (2) The offense described in Ending (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than five years has elapsed since the Q date ofconviction Q release ofthe defendant from imprisonment
for the offense described in Ending (1).
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
safety of(an) other person(s) and the community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment often years or more is prescribed in .
Q under 18 USC. § 924(c).
Q (2) The detendanthas not rebutted the presumption established by Hndingl thatno condition or co ` `. . ` ` ` 1 s n t.. ary rc
the appearance ofthe defendant as required and the safety ofthe community. I
Alternative Findings (B)
Q (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the con nunit}. - I
i THICT OF D LAWARE
Part II—Written Statement of Reasons for Detention
I nnd that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence I] a prepon-
derance ofthe evidence that
Based on the parties' proffers relating to detention, the testimony of Defendant's father, the indictment, and the report ofthe Probation Office,
and for the reasons further described by the Court at the conclusion ofthe detention hearing ofOctober 31, 2007, the Court finds by clear and
convincing evidence that no combination of conditions could reasonably assure the safety ofthe community between now and the time oftrial.
The Court has reached these conclusions based on, among other things as referenced above, the following findings and for the following
reasons;
the nature and circumstances of the offense; the Defendant is accused ofbeing a felon in possession ofa firearm, a felon in possession of
ammunition. and having unlawful possession of an unregistered sawed~off shotgun. The Defendant allegedly committed these offenses on
or about August 14, 2007, and was arrested as a result ofa police investigation into three shootings that had occurred during the preceding
week at or around the Defendant's ex-girlfriends residence (lst and 3rd incidents) or Defendant's residence (2nd shooting). The Defendant's
possession ofa sawed-off shotgun and ammunition plainly posed a potential for violence.
the weight ofthe evidence: is extremely strong. The government proffered that ammunition was initially found in a vehicle that the Defendant had
previously admitted was his, to which only the Defendant and his father had access (and that the father has stated he xx as unaware there was
ammunition or a Hrearm in the vehicle). The sawed—off shotgun was found in the same vehicle; additional ammunition was found in the
Defendants residence. The Defendant admitted to law enforcement that the sawed-off shotgun and at least some ofthe ammunition
belonged to him. The government further proffered that an ex-girlfriend ofthe Defendant had on at least one occasion seen one or more
firearms at the Defendant's residence.

Case 1 :07-cr-00141-JJF Document 12 Filed 11/01 /2007 Page 2 of 2
% AO 472 (Rev. I2/O3) Order ofDetention Pending Trial
the history and characteristics ofthe Defendant: the Defendant has a 2004 conviction for assault second degree, arising hom his stabbing a victim
with a knife five times. He also has convictions for underage possession or consumption of alcohol and DUI which, combined with the
involvement of alcohol or drugs in connection with the assault conviction, suggests a potential of alcohol abuse. The Detendant has
long-term ties to the community, a good employment history, is in good physical and mental health, and has very strong family ties,
especially to his father, with whom the Defendant has resided and who offered to be a third-party custodian,
the nature and seriousness ofthe danger to the communig that would be posed bv the Defendant's releasezthe Defendant's alleged possession ofa
sawed—off shotgun and ammunition, combined with the violent history exhibited at least in connection with his assault conviction and his
potential alcohol abuse, would pose a serious danger to the community ifthe Defendant is not detained. The Court does not believe any
combination of release conditions could reasonably assure the safety ofthe community.
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order ofa court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the Want to the United Stags marshal for the purpose of an appearance
in CODDCCUOH with a Cour1 proceeding I \/E /··
ic ·z. ~·~ abi/{ l Bt-’ ~‘ 7 V) ° _ , 2
Date Signature of./ridge
Leonard P. Stark U.S. Magistrate
Name and Title ofJudge
*lnsert as applicable: (a) Controlled Substances Act (21 U,S.C. § 80l et seq.); (b) Controlled Substances Import and Export Act (2I U.S.C. § 95l
er seq.); or (c) Section l ofAet ofSept. l5, l980 (21 USC. § 955a).

Case 1:07-cr-00141-JJF

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Case 1:07-cr-00141-JJF

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